Personal Injury

Negligence

I was injured when my automobile collided with a truck driven by a delivery person. Can I recover damages from the driver or the employer?

You may be able to recover from both. You probably can recover from the deliveryperson’s employer because under the law employers may be held liable to third persons for acts committed by employees within the scope of their job. Although the employer was not negligent, it becomes indirectly liable for the negligence of its employee. Was the employee making a delivery when the accident occurred? If so, the employer is liable, since deliveries clearly is part of the driver's job. But if the employee first stopped at a restaurant for drinks and dinner with friends, the employer may be able to escape liability.